Questions tagged [estate-planning]

29 questions
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9 answers

Elder relative unwilling to change will to reflect current wishes

An elder relative, over 100 years old but with their mental faculties remarkably intact, has informed me after the death of their eldest child that I will be the executor of their estate. Let's say the estate's total value is more than $1 million…
6
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3 answers

Who legally owns Millenium Falcon now?

First off, The question is an actual Earth (American version, if jurisdiction matters) legal one It was inspired by Star Wars Episode VII, "The Force Awakens" related question on SciFi.SE site. As such it contains spoilers for an important plot…
user0306
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Can I waive the "slayer statute" in my will?

In most jurisdictions, a killer cannot profit from their crime, i.e. if someone kills someone else, they cannot inherit from them. If I create a will, can I specifically ignore the slayer rule? Can I leave my assets to certain persons regardless of…
Viktor
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4
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What happens to the possessions of a deceased Jane/John Doe?

This is kind of a morbid question, but I'm writing a story where a homeless teenager from Seattle winds up dead in Portland, Oregon. She is identified eventually, but she has no legal guardian, living relatives or close friends. My question is:…
Gyorg
4
votes
2 answers

Are problems created from planning to have an inheritance skip a living generation? (me)

I believe I am well-off enough from a retirement perspective. I was considering asking my Father to change his will so my children would get his inheritance instead of me. Skipping me. To simplify the question: I'm asking about things that pass…
3
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1 answer

Effect of Multiple Names on Bank Account

Background: I learned recently that multiple account holders on a bank account keep that account out of probate if one person dies. Or, in other words, if one person dies then the other account holders (such as children) keep the account…
Paulb
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In Washington state, what can beneficiaries of a will do if the executor does not notify them?

My aunt died six months ago. She was married and without children. In hospice care she said she had left things behind for her brothers and sisters in her will. Also during this time, her surviving husband - and executor of her will - said he…
3
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1 answer

Work-of-art found in estate house has no proof-of-ownership; artist wants it back

Artwork in house of an Estate has no documentation of ownership. Painter claims it was never bought and wants it back. Who legally owns this item? This artwork was a dedication to a family member who died 15 years ago and arrive at the Estates house…
Anon
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Estate planning? Or something else?

I know that estate planning is typically for those that are planning for their future and distribution of assets in a will. However, I'm close to a situation that is after the fact, so to speak. Please bear with me for a minute and I'll explain,…
2
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3 answers

How does Per Capita at Each Generation work when there are multiple living generations?

I've been researching Per Capita / Per Stirpes and their variants. Per Capita at Each Generation seems like the one I want, but I have a question about how it is divided in this example, which I have been unable to find answers to online. Given an…
2
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2 answers

Who is Liable for the Satisfaction of the Mortgage Debt Pursuant to Deed of Gift when Grantor Dies - Estate of Grantor or Beneficiary?

In a situation where: John takes out a mortgage on a house at 55 Main Street by himself (i.e., only John appears on the mortgage). John puts Mike (one of his grandchildren) on a Deed of Gift for the house so that it transfers to him upon…
2
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2 answers

1000-year trust? (fictional)

PREMISE: I'm writing a novel about a man who creates a legal entity intended to last 1000 years, and I'm not sure how to classify it. For lack of a better word (and total ignorance on my part), I call it a Trust. This trust would manage the…
imagoomba
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Medicaid Estate Recovery

Can the Oregon Health Authority (OHA), Estate Recovery Unit (EAU) seek reimbursement for Medicaid services rendered after a person is deceased, if their assets are placed in a revocable trust prior to care? In other words, does a revocable trust…
user15998
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Available structure for a parent to buy a property on behalf of their children?

In the UK.... If an elderly parent wanted to buy a property to live in, and have the property owned by their children so that it passes to them when she passes, what structures are available and what are pros and cons. I can imagine 2 options: She…
Julian Mann
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Spouse as a witness to a last will

I live in PA and we recently completed a will. The lawyer who drafted our wills stated that my wife and I could witness each other's will. Because his office is small (two lawyers and a paralegal), there weren't enough witnesses to go around. I…
sdot257
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